Chapter 2. Fundamental Human and Civil Rights and Freedoms and Obligations

Article 17.

Human integrity is honored and defended by the State.

Article 18.

1. Everyone has the right to life.

2. No one can be convicted to capital punishment.

Article 19.

1. Everyone has the right to physical and spiritual inviolability.

2. No one may be subjected to torture or a degrading treatment or punishment belittling his dignity. No one may be subjected to scientific, medical or other forms of experimentation without his or her consent.

Article 20.

Everyone is free to do all that is not prohibited by the Constitution or the laws and that it does not violate the rights and freedoms of others.

Article 21.

All are equal before the law.

Discrimination based on gender, race, color of skin, ethnic and social origins, genetic characteristics, language, faith, political or other views, national minorities, and propertied or other status, such as birth, disability, age or any other individual and social nature is prohibited.

Article 22.

1. Everyone has the right to freedom.

2. The individual’s freedom can be suspended in the following cases when:

2.1) The individual has been convicted by a court of law;

2.2) The individual has failed to carry out the decision adopted by the court;

2.3) To guarantee the promulgation of certain obligations stipulated by law;

2.4) There is strong possibility to have committed a crime or when it is indispensable for the individual’s commission of the crime or to stop his/her flight after committing the crime;

2.5) To trust the upbringing of a juvenile under supervision or with the purpose of presenting him/her to other authorized bodies;

2.6) With the purpose of preventing the spread of contagious diseases or mental illness, alcoholism, narcotics addiction or to prevent threats to society from vagabonds;

2.7) To prevent illegal aliens to the Nagorno Karabakh Republic, his/her deportation or extradition to other states;


3. If the detained individual is not arrested by the decision of the court within 72 hours after his detention he shall released from detention immediately.

4. The incarcerated individual is informed in a plain language immediately of the causes and in the case of pressing criminal charges also of the arraignment. An individual identified by the detained person, according to his/her wishes, is immediately notified.

5. Everyone has the right to challenge through legal means the charges that have led to his arrest, detention and incarceration.

6. Everyone in case of illegal arrest, detention and incarceration has the right to reparation for damages.

7. No one can be deprived of freedom only when he or she is not capable to carry out his or her citizenry legal responsibilities.

8. No one can be searched in any form or shape other than that stipulated by law.

Article 23.

1. Everyone is entitled to the right to enjoy respect for his individual and family life.

2. Information about the individual can be collected, stored, used or disseminated in accordance with the law without his consent. The use of information about the individual and its dissemination is prohibited if that contradicts the information gathering objectives.

3. Everyone has the right to become acquainted with the information at the disposal of state and local self-government bodies and demand their correction or deletion.

4. Everyone has the right to confidentiality in his/her correspondence, telephone conversations, mail, telegraph and other communication methods, which may only be restricted by court order.

Article 24.

1. Everyone is entitled to privacy in his or her own dwelling

It is prohibited to enter a person’s dwelling against his or her own will with the exception of cases stipulated by law.

2. The dwelling may only be searched within the limits of the law and order of the court.

Article 25.

1. Every individual legally in the Nagorno Karabakh republic is entitled to freedom of movement and choice of, with the exception of locations foreseen by law.

2. Everyone has the right to leave the Nagorno Karabakh Republic.

3. Every citizen and foreign citizens with legal residence or otherwise in the territory of the Nagorno Karabakh Republic are entitled to the right to return to the Republic.

4. Foreign citizens and stateless citizens legally present in the territory of the Nagorno Karabakh Republic may be expelled from the Republic only in the cases as stipulated by law.

Article 26.

1. Everyone is entitled to freedom of thought, conscience, and religion.

2. The freedom to exercise one’s religion and beliefs may only be restricted on the grounds prescribed by Article 52 of the Constitution.

3. The freedom of the activities of the religious organizations in accordance with the laws is guaranteed.

Article 27.

1. Everyone has the right to freely express his or her opinion and is entitled to freedom of speech, including the freedom to seek, receive and disseminate information and ideas through any medium of information, regardless of state borders.

2.No one shall be forced to retract or change his or her opinion.

3. Freedom of mass media outlets is guaranteed. The order of the activities of the mass media outlets is set in accordance with the law.

4. The State guarantees the existence and activities of the public TV and Radio.

Article 28.

Everyone is entitled to the right to submit petitions to the state and local self-government bodies and officials and receive appropriate response within set time limits.

Article 29.

1. Everyone has the right to form associations with other persons, among them the right to form and join trade unions. Only law may restrict these rights for those serving in the armed forces, the prosecutor’s office, law enforcement and those serving in the national security agencies as well as the judges.

2. No one shall be forced to join an association.

3. The activities of the associations can only be suspended or prohibited as prescribed by law and legal procedures.

Article 30.

1.Everyone has the right to form political parties with other persons and join them. Only law may restrict these rights for those serving in the armed forces, the prosecutor’s office, law enforcement and those serving in the national security agencies as well as the judges.

2. No one shall be forced to join a party.

3. The activities of the associations can only be suspended or prohibited as prescribed by law and by the decision of the Supreme Court.

Article 31.

1.Everyone is entitled to hold peaceful and unarmed meetings, rallies, demonstrations and processions.

2. In cases prescribed by law gatherings are allowed with the prior authorization.

Article 32.

1. Citizens who have reached eighteen years of age have the right to be elected and participate in the referenda.

2. The law may grant the right to the non-citizens of the Nagorno Karabakh Republic to be elected in the local self-government bodies.

3. Citizens found incompetent by the decision of the court or duly convicted of a crime and serving a sentence cannot vote or to be elected.

4. Citizens have the right to be accepted for public service on common grounds as prescribed by the law. Law stipulates the principles and organizational order of public service.

Article 33.

1. Everyone has a right to determine in accordance with his views, the right to property, use and inheritance of property obtained through legal principles.

2. The right to property shall not violate the rights and freedoms of other individuals or cause damage to the environment, and predominant public interests.

3. Only courts can deprive the right to property in cases stipulated by law.

4. Confiscation of property for the needs of society may occur only in exceptional cases with prior full compensation on the basis of the law.

5. The citizens of other countries and stateless individuals shall not have the right to land ownership with the exception of cases prescribed by the law.

Article 34.

1. Every individual is entitled to free choice of employment.

2. Everyone is entitled to a just wage stipulated by the law no lower than the minimum wage as well as the right to work conditions meeting safety and health requirements.

3. Everyone has the right to engage in economic, among them entrepreneurial activities not prohibited by law. This right can be limited by law for public servants.

4. Employees have the right to strike to protect their economic, social and labor interests.

5. The full-time employment for children up to 16 years of age is prohibited. The terms of their acceptance for temporary jobs is stipulated by law.

6. Compulsory and mandatory work is prohibited.

Article 35.

1.Everyone has the right to daily and weekly rest as well as paid annual vacation as stipulated by the law.

2. The law stipulates maximum work time, recess, vacation days and the length of the annual paid vacation.

Article 36.

1 .Everyone has the right to live in a favourable surrounding environments.

2.Everyone has the right to receive information about the conditions of surrounding environments.

Article 37.

Everyone is entitled to an adequate standard of living for him/her and his/her family.

Article 38.

1. Family is the natural and fundamental basis of society.

2.Women and men enjoy the right to marriage and the ability to form a family. In the course of marriage and in the course of divorce they enjoy equal rights.

2. Dismissal from work due to pregnancy is prohibited. Every working woman during pregnancy and maternity or in the case of adopting a child has the right to paid leave and care of the newborn.

3. Depriving an individual of parental rights or restrictions thereof can only be carried out by the decision of the courts as stipulated by law.

Article 39.

Everyone has the right to social security in the event of motherhood, many children, old age, disability, sickness, and loss of breadwinner, unemployment and in other cases provided by the social security rights. The limits and forms of social security are stipulated by law.

Article 40.

1. Everyone has the right to preserve his/her health.

2.Everyone has the right to receive medical care and services as stipulated by law.

3. Everyone has the right to receive basic medical services free of charge. The list of such services and their provisions are stipulated by law.

Article 41.

1. Everyone has the right to education.

2. Basic general education is compulsory with the exception of the cases prescribed by law. The law shall stipulate the higher education standards.

3. Secondary education shall be free of charge in state educational institutions.

4. Every citizen has the right on a competitive basis to receive higher and other specialized forms of education free of charge as stipulated by law.

5. In the cases as stipulated by law the state provide financial and other assistance to higher and other specialized education programs realized educational institutions, as well as the students studying there.

6. The self-governance principles of the higher academic institutions are stipulated by law.

7. The establishment and operation of academic institutions shall be stipulated by law.

Article 42.

1. Everyone has the right to freedom of literary, artistic, scientific and technical creation and freedom of teaching.

2. Intellectual property is protected by law.

Article 43.

1. Everyone has the right to the preservation of his or her national, ethnic identity.

2. Individuals [Citizens] belonging to national minorities have the right to preserve and develop their language and culture.

Article 44.

1. Everyone has the right to judicial protection of his rights and freedoms in court.

2. Everyone, for the protection of his or her rights and freedoms is entitled to receive the assistance of the Ombudsman as stipulated by law.

3. Everyone has the right to defend his or her rights and freedoms by all means not otherwise prohibited by law.

4. Everyone, for the protection of his or her rights and freedoms is entitled to appeal to the international bodies for the protection of human rights and freedoms.

Article 45.

1. Everyone has the right to the public hearing of his or her case by an independent and impartial court maintaining all requirements of justice under conditions of equality and fair deadline.

2. The participation of news media and representatives of society during all or part of a judicial examination may be prohibited by law in consideration of the protraction of the interests of the parties’ personal and family life, interests of the juveniles, public order, state security, public mores or and justice.

Article 46.

1. Everyone has the right to receive legal assistance.

2. Everyone is entitled to defense council from the moment of arrest, detention or the presentation of charges.

3. The accused that are unable to pay for legal defense as well as in the cases prescribed by law, the state will render assistance at the expense of the state budget.

Article 47.

1. No one shall be compelled to be a witness against his or her spouse or relatives. The law may stipulate guidelines to relieve from such duties in other cases.

2. The use of illegally obtained evidence is prohibited.

Article 48.

1. A person accused of a crime shall be presumed innocent until proven guilty in a manner prescribed by law and by a court sentence properly entered into force.

2. The accused is not obligated to prove his or her innocence. Suspicions, which have not been disproved, are interpreted to the benefit of the accused.

3. The damages sustained by the plaintiff are determined as prescribed by law.

Article 49.

1. A person cannot be found guilty for a crime if at the time of the act it was not considered a crime by law in existence.

2. No individual can be tried twice for the same crime.

3. A punishment may not exceed that which could have been met by the law in effect when the crime was committed.

4. Laws removing or mitigating the punishment shall have retroactive effects.

Article 50.

1. Everyone who has been convicted has a right of review of the decision by a higher court as provided by law.

2. Everyone who has been convicted has a right to request a pardon or mitigation of the designated punishment.

Article 51.

Laws limiting or increasing liability, and those worsening the individual’s legal condition and other legal acts shall not have retroactive effect.

Article 52.

The fundamental human and civil rights and freedoms established under Articles 23-25,27-31, parts 1 and 2 of Article 32, and part 4 of Article 34 of the Constitution may be restricted by law, if rendered necessary and measured for the state and public security, public order, public health and morality, and the rights, freedoms, honor and reputation of others.

Article 53.

Fundamental human and citizens rights and freedoms, with the exception of those mentioned in the Articles 17-21,26, and 44-50 of the Constitution, may be temporarily restricted in the event of war and critical circumstances.

Article 54.

The restrictions of the fundamental human and civil rights and freedoms may not distort the nature of those rights and freedoms.

Article 55.

1. Everyone shall uphold the Constitution and the laws, and respect the rights and freedoms of others.

2. It is prohibited to use rights and freedoms with the purpose of forcefully overthrowing constitutional rule, inciting national, racial or religious hatred, with the purpose of advocating violence and war.

3. No one can be compelled to assume responsibilities, which are not prescribed, by the Constitution or the law.

Article 56.

Everyone shall pay taxes, duties, and make other mandatory payments in amounts and manners stipulated by law.

Article 57.

Every citizen is obligated as provided by law to participate in the defense of the Nagorno Karabakh Republic.

Article 58.

Everyone is obligated to protect the historic and cultural monuments.

Article 59.

The fundamental rights, freedoms and obligations reserved in under this Chapter extend also to the members of the judiciary to the extent that those rights, freedoms, and duties are employable in their regard.

Article 60.

The state’s basic issues in the economic, social and cultural spheres are:

1. To defend and support the family, motherhood and childhood.

2. Assist large families.

3. Manifest special care for the disabled freedom fighters, and the families of the martyred freedom fighters.

4. Contribute to the population’s employment and improvement of the work conditions.

5. Boost the construction of residential dwellings, and contribute to the improvement of residential conditions of the citizens.

6. To realize program geared toward sustaining the health of the population, by contributing to the creation of efficient and affordable medical services.

7. Employ programs for the treatment of the disabled and enhance their participation in social life.

8. Promulgate the development of physical education and sports.

9. Contribute to the participation of the youth in the country’s political, economic and cultural life.

10. Contribute to free higher education and the development of other professional education.

11. Contribute the development of science and culture.

12. Develop a policy guarantying the environmental security of the present and future generations.

13. Protect and restore historical-cultural monuments.

14. Contribute to the strengthening of relations with the Armenian Diaspora.

15. Contribute to the national and international values and their communication.

16. Guarantee dignified living conditions for the elderly.

The state is obligated within the limits of its resources undertake measure towards the realization of all the issues listed in this article.